Episode 33 – Where Canada’s Political Parties Stand on Immigration

An overview of the immigration platforms, and general historic policies, of Canada’s political parties.

1:45 – Where do the parties stand with regards to letting provinces decide who immigrates?

13:28 – Immigration levels

23:30 – What are the promises with regards to border security and the Safe Third Country Agreement?

36:00 – Temporary Foreign Workers

42:00 – Application fees

46:00 – Settlement services and values tests

48:00 – Where parties can work together on and general trends.

Episode 32 – Keep Out the Poor – How Canada and the US Address Immigrants on Welfare, with Andrew Hayes

A comparison of how the immigration systems of Canada and the United States each deal with the issue of immigrants and social assistance.

How similar is the “public charge” rule in the United States and “financial inadmissibility” in Canada? What is a sponsorship bar? Can permanent residents be deported for imposing a fiscal burden on the state?

Andrew Hayes is a US immigration lawyer who practices in Vancouver.

00:30 – How does US immigration law and policy development work?

1:45 – What is the public charge rule?

2:30 – What is an affidavit of support?

4:00 – Does the United States have a points based economic immigration system?

5:40 – What are the concerns about Donald Trump’s changes from a substantial impact?

8:00 – What is the Low Income Requirement in Canada? Is there a similar requirement in the United States?

11:00 – There are often situations where the sponsor of a family member may be poor, but the breadwinner of the family is the prospective immigrant. How does Canadian and American immigration law account for this?

13:00 – Are affidavits of support usually enforced? What about sponsorship undertakings?

23:00 – How does financial inadmissibility work in Canada?

25:30 – What is the consequence of being determined to be financially inadmissible?

27:00 – Can a permanent resident of Canada be financially inadmissible to Canada? What about to the United States?

38:20 – Can someone be medically inadmissible to the United States?

43:30 – How are the courts likely to react to Trump’s changes to the public charge rule?

57:20 – Can refugees be financially inadmissible?

59:00 – Does having US citizen children impact financial inadmissibility? What about in Canada?

Episode 31 – How Much Does Immigrating Matter on Which Officer or Judge You Get? with Sean Rehaag

Sean Rehaag is an Associate Professor at Osgoode Hall Law School. His academic research focuses on empirical studies of immigration and refugee law decision-making processes.

Sean, Deanna, Peter and Steven discuss his quantitative research which has used large data-sets to study extra-legal factors that influence outcomes in Canadian refugee adjudication. Does immigrating to Canada, getting refugee status or winning a judicial review simply depend on the luck of who decides your application?

 

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Episode 30 – Excluding Family Members from Immigrating vs. Compassion, with Jamie Chai Yun Liew

Jamie Chai Yun Liew is a law professor at University of Ottawa and an immigration lawyer. She acted for the Canadian Council for Refugees as intervener before the Supreme Court of Canada in Kanthasamy v. Canada (Citizenship and Immigration).

Jamie, Peter, Deanna and Steven discusses humanitarian & compassionate considerations in Canadian immigration law, including the Supreme Court of Canada decisions in Baker and Kanthasamy. We also discussed Regulation 117(9)(d), which excludes unexamined family members from future sponsorship, and the recently announced pilot to mitigate the impact of this exclusion.

2:45 – What is Regulation 117(9)(d)?

6:30 – What is a Family Member?

7:00 – What does it mean to be “examined” for immigration purposes?

7:30 – What are the consequences of someone’s ability to immigrate to Canada if they have an inadmissible family member?

14:00 – How does IRPR r. 117(9)(d) work to exclude immigration?

15:45 – Why would someone not declare a family member when they immigrate?

26:00 – What options are available to bring a family member excluded by Regulation 117(9)(d) to Canada?

33:00 – What is the difference between a humanitarian & compassionate application vs. a family sponsorship?

36:00 – What was the Supreme Court of Canada decision in Baker?

39:00 – What was the Supreme Court of Canada decision in Kanthasamy?

50:00 – What were the Minister’s recent announcements regarding Regulation 117(9)(d)?